Chennai Court February 1931 Judgments
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(Mandala) Donganna and anr. Vs. Mandala Jammanna and anr.
Court: Chennai
Decided on: Feb-03-1931
Reported in: AIR1931Mad613
Anantakrishna Ayyar, J.1. The plaintiffs sued in 1925 to recover possession of certain lands alleging that defendant 1 trespassed upon the same in 1923. The defendants denied the plaintiff's title and possession and also the trespass alleged in the plaint. The plaintiffs filed Ex. A, a patta No. 19 granted to them by the Raja of Parlakimedi in respect of the suit lands, and they also filed Exs. B to B-25, cist receipts in respect of the rent paid in respect of patta No. 19, Ex. A. Plaintiff 1 was also examined as the plaintiff's sole witness. On the side of the defendants, no documents were filed, but defendant 1 was examined as the sole witness for the defendants. The trial Court found that the plaintiffs had proved title and possession within 12 years prior to the suit, and accordingly decreed the suit in their favour. On appeal, the learned District Judge reversed the decision of the District Munsif and dismissed the suit, remarking that the patta, Ex. A,is not evidence of title, it...
Municipal Council Vs. Palakkal Velayudha Menon
Court: Chennai
Decided on: Feb-02-1931
Reported in: AIR1931Mad531
Anantakrishna Aiyar, J.1. The plaintiff instituted the original suit for a perpetual injunction restraining the Municipal Council of Calicut from interfering with the thodu (channel) on the western side of the plaintiff's property.2. The case of the plaintiff was that the channel was his and that he was entitled to do what be liked with the same, and that for the convenient enjoyment of his land which is on the east of the channel he (the plaintiff) constructed what has been described as a 'gate' across the channel. The Municipal Council having by its proceedings dated 12th January 1924 passed a resolution prejudicial to the rights of the plaintiff in the lawful exercise of his legal ownership of the property, he instituted the original suit for the relief of injunction claimed by him. The case of the municipal council in para 3 of the written statement was that the footpath running north to south just to the west of the channel in question as well as the channel were public properties...
The Municipal Council Vs. Palakkal Velayudha Menon
Court: Chennai
Decided on: Feb-02-1931
Reported in: 131Ind.Cas.139
Anantakrishna Ayyar, J.1. The plaintiff instituted the original suit for a perpetual injunction restraining the Municipal Council of Calicut from interfering with the thodu (channel) on the western side of the plaintiff's property.2. The case of the plaintiff was that the channel was his and that he was entitled to do what he liked with the same, and that for the convenient enjoyment of his land which is on the east of the channel, he (the plaintiff) constructed what has been described as a 'gate' across the channel. The Municipal Council having by its proceedings dated 12th January, 1924, passed a resolution prejudicial to the rights of the plaintiff in the lawful exercise of his legal ownership of the property, he instituted the original suit for the relief of injunction claimed by him. The case of the Municipal Council in para, 3 of the written statement was that the footpath running north to south just to the west of the channel in question as well as the channel were public proper...
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